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HomeMy WebLinkAbout948ORDINANCE NO. 9~8 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 18, THE CODE OF THE CITY OF SANFORD, FLORIDA, 1954, AS AMENDED, BY ADDING THERETO SECTION 18-27.1 EXPOSING MINORS TO HARMFUL MATERIALS. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. That Chapter 18, The Code of the City of Sanford, Florida, 1954, as amended, be and the same is hereby amended by the addition of Section 18-27.1 to read as follows: "Sec. 18-27.1. Exposing Minors to Harmful Materials. (a) Definitions. As used in this section: (1) "Minor" means any person under the age of eighteen years. (2) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. (3) "Sexual conduct" means acts of masturbation, homo- sexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast. (4) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (5) "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. (6) "Harmful to minors" means that quality of any description or representation in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it: (i) predominantly appeals to the prurient, shameful or morbid interest of minors, and (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and (iii) is utterly without redeeming social importance for minors. (7) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (i) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (ii) the age of the minor, provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. (b) It shall be unlawful for any person knowingly to sell or loan for mone ary consideration to a minor: (1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors, or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of subdivision (b) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse and which, taken as a whole, is harmful to minors. (c) It shall be unlawful for any person knowingly to exhibit for amonetary consideration to a minor or knowingly to sell t o a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors. (d) This section shall not be construed to make it unlawful to sell or loan to a minor in the presence of one or more of his parents the items enumerated in section (b) (l) or (b) (2) above, nor to sell to a minor in the company of one or more of his parents an admission ticket to premises whereon there is exhibited the motion pictures or shows enumerated in section (c) above. -2- (e) Any person convicted of violating any provision of this section shall be punished as provided in this Code." SECTION 2. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and indepent provision and such holding shall not affect the validity of the remain portion hereof. SECTION 3. That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 2zvm day of June A.D. 1968. Attest: As the City Commiss'.~' of The City of Sanford, ~lorida. CERTIFICATE I, H. L. Whelchel, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 998, PASSED and ADOPTED by the City Commission of the City o£ Sanford, Florida, on the 2t~ day of June, 1968, was POS~ED at the front door of the City Hall in the City of Sanford, Florida, on the 25~ day of June, 1968. . .~ · '~' City Clerk ' -3-